Bombay High Court
RAMCHANDRA GANPATRAO PALKAR SINCE DECD. THR LRSversusRAJENDRA MADHUKAR CHORGE AND ORS
- Disposal
- Disposed Off
Holding
The petition was dismissed as infructuous because the witness sought to be summoned had died.
Summary
The petitioner filed a writ petition seeking the issuance of a summons against a witness. During the proceedings, counsel informed the court that the witness had passed away. The court held that with the death of the witness, the purpose of the summons could not be fulfilled. Consequently, the petition was deemed infructuous. The court disposed of the petition without further orders.
Issues considered
- Whether a petition for issuance of summons against a witness can proceed when the witness is deceased?
Subjects
- writ petition
- summons
- deceased witness
- infructuous petition
- civil appellate jurisdiction
Judgment
72-WP-4477-2023=.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 4477 OF 2023
Digitally
signed by
Ramchandra Ganpatrao Palkar Since Decd. Thr Lrs … Petitioner
UDAY
UDAY SHIVAJI
SHIVAJI JAGTAP Vs.
JAGTAP Date:
2026.09.11
18:43:57
+0530
Rajendra Madhukar Chorge and Ors. … Respondents
………….
Mr. Rushikesh C. Barge a/w Mr. V.S. Ghatge for the Petitioner
Mr. Vaibhav R. Gaikwad (through VC) for the Respondents
………….
CORAM : SHAILESH P. BRAHME, J.
DATE : 10th SEPTEMBER, 2026.
P. C. :
. Learned counsel for the petitioner informs that witness against
whom summons was sought to be issued is passed away.
2. The petition is disposed of as infructuous.
( SHAILESH P. BRAHME, J. )
Uday S. Jagtap 1 of 1
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